Alameda County to Use Special Flashlight for California DUI

Flashlight detects alcohol but there is a debate about its legality.

Law enforcement agencies around Alameda County California are gearing up for their holiday effort to keep drunk drivers of the streets. They have a new tool to help them, though there are questions about its legality. Members participating in the ‘Avoid the 21’ campaign starting this weekend will be issued a flashlight that doubles as a passive alcohol detector. When a motorist is stopped for a traffic violation the device detects alcohol in the air and alerts the officer to suspicion of driving under the influence.

The flashlights have been used in Livermore California and are beginning to see wider acceptance. The sensor has a color-based measurement scale that goes from green to red depending on the amount of alcohol detected. A Livermore officer says they are a great tool for California DUI enforcement, when used properly.

The California Vehicle Code, however, clearly states that a law enforcement officer requires the permission of the driver to take a preliminary alcohol test. Typically a portable breath test device is used when drunk driving in California is suspected. The American Civil Liberties Union and other critics say the special alcohol detecting flashlights infringe on an individual’s rights. They clarify that the device only tests the ambient air, meaning that a completely sober person, like a designated driver, could be forced to undergo further tests and even be arrested for CA DUI.

Police say the flashlight is just another tool. When alcohol is detected, the officer is supposed to perform additional investigative techniques, such as conducting a field sobriety tests or taking a breath or blood sample.

Traffic injuries attributable to California DUI in Alameda County are down 10% over the past five years.

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